The growing acceptance of marijuana use, especially as
medicine, has led to a proliferation of pot farms in the
rural areas of the County. In the last year the Board of
Supervisors has written and rewritten local laws in a
struggle to balance conflicting State and federal
regulations, ensure that licensed patients have access
to cannabis, and thwart criminals and environmental
degradation.

There are now 23 states that permit the sale and use of
medical marijuana. In 2, Washington and Colorado, all
adult use and possession of small amounts of pot is
permitted. Three more states will vote on legalizing
medical marijuana in the upcoming election. Each year,
polls show that more people favor legalization, dragging
so-called leaders along. It’s a safe bet that it won’t
be too many more years before medical use, at least, is
decriminalized nationwide.

California law (Health & Safety code sections
11362.77-11362.83) set a state threshold of 6 mature or
12 immature plants per patient, but allows local
authorities to pass higher allowances. Recent court
decisions have allowed local jurisdictions to ban
cultivation and dispensaries if they choose.

It is no surprise that Santa Cruz County has been ahead
of the curve on this issue. Measure A, passed in 1992,
and now enshrined in County Code as Chapter 7.122, “The
Santa Cruz County Medical Marijuana Ordinance,” directs
elected County officials “to take whatever actions may
be within their power to support the availability of
cannabis/marijuana for medical use.”

Under County law a “qualified patient, or a person
holding a valid identification card, or the designated
primary caregiver of that qualified patient or person
may cultivate cannabis in an amount not to exceed more
than 100 square feet of total garden canopy, as measured
by the combined vegetative growth area.”

County Code Chapter 7.126 regulates marijuana
cultivation. It addresses various issues like location,
zoning, environmental protection, power and water use,
lighting, fencing and advertising. It prohibits
cultivators from growing more than 99 plants and from
distributing their product other than to lawful
dispensaries under the jurisdiction of Santa Cruz
County.

The paradoxical wording of the County Code reflects the
awkward position the Board of Supervisors is in because
of the conflicts among State, federal and local
regulations and sentiment. As a result, as written, the
code both allows and prohibits pot sale and cultivation,
and both authorizes and restrains enforcement. For
example:

“Whenever the
Enforcing Officer determines that a public nuisance as
defined in this Chapter exists at any location within
the unincorporated area of Santa Cruz County, he or
she is authorized to issue a Notice of Violation
pursuant to County Code section 1.12.070, except that
the violator shall be provided with notice of the
opportunity to remedy the violation within seven (7)
calendar days without civil penalties.” (Chapter
7.126.070(B).)

And:

“Nothing in
this chapter shall be construed as imposing on the
Enforcing Officer or the County of Santa Cruz any duty
to issue a notice of violation, nor to abate any
unlawful marijuana business activity or cultivation,
nor to take any other action with regard to any
unlawful marijuana business activity or cultivation,
and neither the enforcing officer nor the County shall
be held liable for failure to issue an order to abate
any unlawful marijuana business activity or
cultivation, nor for failure to abate any unlawful
marijuana business activity or cultivation, nor for
failure to take any other action with regard to any
unlawful marijuana business activity or cultivation.”
Chapter 7.126.080

On Sept. 16 the Board of
Supervisors reviewed regulations once again, and heard
from officials and the public about the problems and
dangers of cannabis cultivation, ranging from neighbors
annoyed by aromas and generator noise and intimidating
guards to depleted water sources, fire danger and
environmental damage. Testimony came from County Planner
Robin Bolster-Grant, who heads the seriously
understaffed Code Compliance unit, which is tasked with
enforcement. Also testifying was CalFire Division Chief
Rich Sampson. The National Marine Fisheries Service,
stated by letter that pot farmers in the Santa Cruz
Mountains have been diverting streams and could further
threaten habitat for endangered steelhead and coho
salmon.

Bolster-Grant said that more than 84 marijuana
cultivation operations have been identified by County
staff and that there are almost certainly many more. Of
these, 17 sites are being actively investigated because
of problems with illegal grading and dams and other
stream diversions, growers camping out and other
violations.

At that meeting the Supervisors updated the regulations
for medical marijuana, changing the word “marijuana” to
“cannabis”, supposedly to cover all forms that the drug
is sold in, from flower buds and oils to soda and candy.

The Supervisors have placed a measure on our local Nov.
4 election ballot to tax cannabis dispensaries up to 10%
of their revenues (the initial rate will be 7%),
ostensibly to finance oversight and regulation of pot
sales and cultivation. However, the proposal, Measure K,
would funnel the tax take into the County's General
Fund; the Supervisors would legally be able to use all
or part of this money for any County expenses.

This
edition of The Highlander is being written shortly
before the election, so the outcome of the vote may or
may not be known when you read this. While we
would prefer that the tax revenue collected be
specifically earmarked for regulation of cannabis
cultivation and sales, we still support the measure
because illegal grows have become a burgeoning problem
in Bonny Doon, and even legal grows are causing
neighborhood conflict and fear of criminal activity. And
it is often hard to tell the difference between
legitimate and illegal cultivation. We hope that, if
Measure K passes, the tax revenue will actually be used
to alleviate some of the legitimate concerns caused by
cultivation.

At our Nov. 12 RBDA meeting
there will be a forum on pot cultivation, with our
Sheriff-elect Jim Hart, Supervisor-elect Ryan Coonerty
and Principal Planner Ken Hart, who supervises the
Planning Department’s Code Compliance function and has
also been involved with drafting the medical cannabis
dispensary and cultivation regulations and related
enforcement activities.

Representing the cultivators and dispensaries will be
Valerie Corral, a Santa Cruz resident who founded the
first medical marijuana dispensary, the Wo/Men's
Alliance for Medical Marijuana (WAMM), which continues
in operation despite federal persecution in its early
days. They will discuss the State and County rules for
legal cultivation and methods of enforcement, and the
rights of pot farmers. And of course, they will field
your questions and listen to your concerns.

Castle House Event Venue Permit Appealed

Homeowners upset at the prospect of a commercial event
center in the middle of their residential neighborhood
have appealed the County Zoning Administrator’s Sept. 5
approval of a permit for the Castle House owners, the
Sabankayas, to rent out their home at 4286 Bonny Doon
Road for weddings and similar celebrations.

The appeal will be heard before the Planning Commission.
It is scheduled for Dec. 10, although that is subject to
change.

The RBDA Board has strong objections to a commercial
operation in a residential area. We believe that it
would set the precedent of allowing a commercial
development in a Rural Residential zone, making it much
more difficult to resist such developments in the
future. There are many beautiful properties in Bonny
Doon whose owners may find it tempting to offer their
own homes for similar receptions and celebrations if
this permit is finally granted.

Zoning laws are written to protect certain areas from
development and commerce and to promote others where
support services and infrastructure are available. If
you buy or build a home in an area designated
“Residential” you have a right to expect that it will
remain that way barring any overwhelming public benefit
that could result from a zoning change. The purchase of
a house and land is a significant investment, often the
biggest and most expensive a person makes.

Allowing a single landowner to benefit at the expense of
his/her neighbors hardly strikes us as an overwhelming
public benefit. There are many areas of the county where
a commercial enterprise like an event venue can be sited
without impacting neighbors and their peace and privacy.

County Code allows for Home Occupations in Residential
zones. Section 13.10.613 says:

The purposes
of regulations for home occupations are:(1) To allow persons to
carry on limited, income-producing activities on their
residential property.(2) To protect nearby
residential properties from potential adverse effects
of the allowed activity by not allowing home
occupations that would create excessive noise,
traffic, public expense or any nuisance.

The code goes on to say
that “The home occupation shall be carried on entirely
within the dwelling, or in an accessory structure
normally allowed in the zone district in which the
site is located.”

The Sabankayas are
planning to host the weddings outdoors, which means the
noise will be easily heard over a large portion of the
neighborhood. While they have done a noise study at the
request of the Planning staff and agreed to limit the
amount of noise, that doesn’t take into account how
sound travels in Bonny Doon, where there (thankfully) is
not much ambient noise, especially when there is little
wind. In such circumstances even normal conversational
speech between 2 persons can carry for long distances.
The sounds of even 20 or so of the 50 permitted wedding
guests talking at once, over the sound of even
unamplified music and clinking glasses, can carry for
hundreds of yards and be clearly heard by neighbors
trying to enjoy a quiet evening. Clearly, that doesn’t
live up to the Code requirement that “All noise shall be
contained within the boundaries of the site.”

While the Sabankayas have scaled back their original
application to only 4 events per year with up to 50
guests, ending at 7 p.m., down from as many as 12
weddings a year with up to 100 guests, and lasting as
late as 10 p.m., we still think that this proposal is
inappropriate for its location and should be rejected.

Included in the Sept. 5 decision was approval of up to
10 luncheons annually for up to 10 people at each
between the hours of 2 and 4 p.m. in conjunction with
classes in flower arranging, which Teresa Sabankaya says
is her principal occupation. While even that exceeds the
Home Occupations code for residential zones, which
restricts “lessons” to one person at a time, we
recognize that there are several homes in Bonny Doon
where artists and trainers of various kinds host classes
and workshops attended by several people. However,
rarely have those events aroused the ire of neighbors,
and the luncheons are not opposed by all or most of the
neighbors or the RBDA.

We feel that this is a “watershed” issue for Bonny Doon.
For nearly 60 years Bonny Dooners organized under the
banner of the RBDA have actively worked to preserve the
Dooniverse as a bastion of natural beauty and
tranquility, where neighbors respect and support each
other. Of course we don’t all think alike and there are
sometimes conflicts, but basically we believe that most
Dooners share those values. Commercial development like
the Castle House just doesn’t fit into that picture.

At the September RBDA meeting more than 30 people signed
a petition opposing the permit. If you want to circulate
a petition, email board@rbda.us to obtain a copy.

I am opposed to granting
a permit for the Castle House, at 4286 Bonny Doon Road,
parcel number 063-082-13, to be used as a commercial
venue for weddings or other receptions. This kind of
commercial establishment doesn’t belong in the middle of
a residentially zoned neighborhood. Neighbors trying to
enjoy their own properties shouldn’t be subjected to
noise, traffic and intrusions by partiers. Allowing this
commercial use reduces the value of neighbors’
properties, and sets a precedent for allowing commercial
event centers in Bonny Doon’s quiet neighborhoods.

Name(s)Signature(s)

Concern Over Proposed San Vicente Redwoods Parking

The plan to open to the public the 8,500 acres of the
mostly undeveloped San Vicente Redwoods is raising
concern among Bonny Dooners, and will have its greatest
impact on those who live close to its Empire Grade
boundary.

The Land Trust of Santa Cruz County is developing the
plan, which will be published for public review next
year. The first area to be developed with some short
trails and modest visitor facilities will be off Empire
Grade, near the north end of the property. The Land
Trust proposes building a primary parking lot for at
least 30 cars, near to but screened by vegetation from
the road. This lot may be subsequently expanded and a
second lot may also be built, approximately a mile south
of the primary lot. The plan document can be viewed at landtrustsantacruz.org.

The Land Trust says that it may build up to 70 spaces in
the primary lot and up to 50 spaces in the secondary
lot. By way of comparison, the New Leaf Market on Santa
Cruz’s west side has approximately 80 spaces in its
parking lot.

Their goal, the Land Trust says, is to provide enough
spaces to avoid negative impacts such as illegal parking
on Empire Grade and in nearby neighborhoods. However,
there is concern that the proposal for a 30-space lot,
possibly to be more than doubled in the future, and
another lot nearly as large, would be a Trojan Horse, as
there would be essentially no limits. It is obviously
true that the bigger the lots, the smaller the
likelihood of illegal parking. But parking lots
big enough for 50, 70, or 120 cars (or more) would
almost certainly invite an ever-increasing amount of
traffic, with the inescapable consequences of noise,
carbon emissions, litter and fire danger. People coming
from Scotts Valley, or the San Lorenzo or Santa Clara
valleys, some of them pulling horse trailers, will
likely be using the 3 roads up to Empire, Felton-Empire,
Alba and Jameson Creek, all of which are curvy, steep
and narrow.

Board Nominations at November Meeting

The November RBDA meeting is the time when nominees for
the 2015 RBDA Executive Board elections must be made.
This year there are 4 seats up for election, but it is a
bit complicated due to a couple of resignations during
the past year.

Here’s how it goes:
The terms of Board Chair Tom Hearn and Marty Demare are
expiring. So are the terms of Meggin Harmon, who
resigned earlier this year, and Jacob Pollock, who had
to leave the board when he moved out of Bonny Doon.

RBDA Bylaws allow the Board to appoint someone to fill
any vacant seat until the next Annual Meeting, which
takes place on January 14. The Board filled Meggin’s
seat this summer by appointing Betsy Firebaugh. Joe
Christy also resigned after finding that his invaluable
work in running the Bonny Doon Fire Safe Council was
consuming more and more of his time. His term won’t
expire until January 2016. The Board in February
appointed Jeff Alford to fill Joe’s seat; that
appointment will have to be ratified by the membership
in January.

Tom, Marty and Betsy have indicated they want to remain
on the Board.

As per the Bylaws, the Board selected one of its
officers, Ted Benhari, to serve on the Nominating
Committee. RBDA members Marcia Lipsenthal and Pat
Morrison fill out the committee. If you are interested
in running for the Board, please contact any of the
committee members through the RBDA email address,
board@rbda.us. To run for the Board you must have been
an RBDA member as of Oct. 12, one month before the
November General Meeting.

Under the Bylaws, RBDA members may vote by absentee
ballot. To obtain one, you must send a signed request to
Membership Coordinator Lad Wallace, Rural Bonny Doon
Association, P.O. Box 551, Felton, CA 95018, stating the
member’s name and address, and accompanied by a
self-addressed stamped legal-sized envelope. The request
is due by Dec. 15 and the ballot must be received by the
Membership Coordinator at least by the day of the
January 14 Annual Meeting.

Support
the RBDA by renewing your membership now: all
1-year memberships expire on January 31st.

Ideas
for RBDA Meeting Topics

We are always open to suggestions for interesting
programs and speakers at our bimonthly (except July)
RBDA public meetings.What are you interested in? Local flora and fauna,
gardening, environmental and political issues, Bonny
Doon history or geology, public safety?What were some of your favorite speakers or
presentations at past RBDA meetings?Were there any that you would like us to repeat?Please email us with your ideas and comments at board@rbda.us.

Bonny Doon's
voice in preserving our special quality of
life,
The Highlander is mailed free to Bonny Doon
residents prior to the
RBDA General Meetings, which are usually
held on second Wednesdays of
January, March, May, July, September and
November.
We encourage you to participate.

Send
mail correspondence to the Highlander Editor
at the above address,
or by email, below.